Legal Question in Real Estate Law in New Jersey
I recently purchased a home and found that when I went to the property the day after closing the heat did not function. I had a home inspection completed 17 days before closing and the inspector found the furnace to be in a working condition. After closing, the technician said that the heater had sucked up sludge from the oil tank and it is clogging the line. To completely fix the problem will be approximately $1,900. What is my legal recourse against either the seller or the home inspector?
1 Answer from Attorneys
In the absence of provable fraud, you will probably not be able to collect against the seller. The general rule is that the warranties of the contract "merge into the deed" at the time of the sale. That is why the contract provided for a pre-closing inspection. Unless the contract specifically excepts a warranty, such as is common for pollution and fuel tank warranties, the contract becomes a nullity at the time of closing.
Your potential claim against the inspector is different. If the defect could have been discovered exercising the degree of care usually exercised by home inpectors, you may have a claim for negligence.
See also: http://info.corbettlaw.net/lawguru.htm
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